Governor DeSantis recently allowed the COVID-19
Executive Order 20-52 to expire after eight extensions, providing an opportunity to toll and extend expiration dates for development orders and other qualifying entitlements for a substantial period of time.
State law mandates the tolling and extension of expiration dates for qualifying permits and development orders if the governor declares a state of emergency for a "natural" emergency. The COVID-19 pandemic was determined to constitute a "natural" emergency by the Florida Supreme Court in
Abramson v. DeSantis.
The expiration dates for qualifying entitlements may be extended for the duration of the emergency declaration plus an additional six months. Qualifying entitlements include:
- Development orders issued by a local government;
- Building permits;
- Permits issued by the Department of Environmental Protection or a water management district pursuant to Part IV of Chapter 373, Florida Statutes (such as noticed general permits, mining permits, conceptual approved permits); and
- Developments of regional impact (build-out date).
In addition to the above qualifying entitlements,
Chapter 2021-179, Laws of Florida amended s. 252.363(1)(a) to include development agreements and permits issued by the Department of Environmental Protection or a water management district pursuant to Part II of Chapter 373, Florida Statutes, for land subject to a development agreement in which the permittee and the developer are the same or related entities. The statute applies retroactively to emergency declarations issued on or after March 1, 2020, which includes the COVID-19 emergency declaration.
Agencies and local governments are not required to apply this law proactively. Rather, to take advantage of the law, the permit holder must notify the responsible agency or local government of their intent to apply the permit tolling and extension within 90 days of the termination of the emergency declaration. Depending on the circumstances, tolling calculations can be complex, particularly when multiple emergency declarations overlap.
Our Land Development, Zoning & Environmental Team can assist clients in analyzing whether entitlements qualify for an extension, calculating tolling and extension periods, and preparing notifications. For more information, please
contact us.
Aside from the COVID-19 emergency declaration, Florida is prone to hurricane, red tide, and wildfire emergencies. Just recently, Governor DeSantis declared a State of Emergency for several counties in response to Hurricane Elsa.
Stearns Weaver Miller has launched a web-based tool that tracks these Executive Orders so you can research opportunities to extend the expiration of entitlements. This first-of-its-kind tool provides a user-friendly interface that identifies the most recent Executive Orders, depicts eligible counties and provides other useful information.
